If you’re pulled over on suspicion of driving under the influence (DUI) in Arizona, you may face a critical decision: whether to agree to field sobriety tests (FSTs). These roadside tests are designed to evaluate your balance, coordination, and cognitive function. However, many drivers are unaware they can lawfully refuse them—and that doing so may sometimes be beneficial. Below, we explore how field sobriety tests work, what refusal means, and your rights when dealing with law enforcement.
What Is a Field Sobriety Test?
Standardized Field Sobriety Tests (SFSTs) are a set of three tests recognized by the National Highway Traffic Safety Administration (NHTSA) to help law enforcement determine if a driver is impaired:
- Horizontal Gaze Nystagmus (HGN)
- Officers check for involuntary jerking of the eyes when the driver follows a moving object from side to side.
- Walk-and-Turn
- The driver must walk heel-to-toe for nine steps in a straight line, turn as instructed, and walk back in the same manner.
- One-Leg Stand
- The driver stands on one foot, approximately six inches off the ground, for 30 seconds while demonstrating balance and coordination.
Other Non-Standard Tests sometimes include:
- Heel-to-Toe Test (alternative name for Walk-and-Turn)
- Finger-to-Nose Test
- Alphabet Recitation
- Finger Counting Test
- Hand Pat
- Modified Rhomberg Test (feet together, head back, eyes closed)
In Arizona, most officers will use a set battery of six tests (or fewer). Importantly, all these tests require driver consent before they can be administered.
Are Field Sobriety Tests Mandatory in Arizona?
No, field sobriety tests are not legally mandatory in Arizona. Unlike chemical tests—where refusal can lead to an automatic license suspension—declining field sobriety tests generally does not carry direct penalties like losing your license. However, the officer may still arrest you if they believe they have sufficient probable cause based on other observations (e.g., slurred speech, odor of alcohol).
What Happens During Roadside FSTs?
- Officer Instructs and Administers the Tests
- You receive step-by-step instructions on how to perform each test.
- Officer Observes Performance
- The officer notes any “cues” of impairment, such as losing balance or failing to follow instructions.
- Report and Possible Arrest
- If you fail the tests or display enough signs of impairment, the officer may arrest you for DUI.
Reliability Concerns:
Standard Field Sobriety Tests can be subjective. Factors like weather, uneven ground, health conditions, and even nerves can affect performance. Tests must be administered per strict NHTSA guidelines, but officers don’t always follow these protocols.
Can I Refuse a Field Sobriety Test?
Yes, you can refuse. But refusal may still be used against you in court, as prosecutors may argue it indicates you were concerned about failing. Ultimately, it can be more favorable to challenge a refusal than to challenge an officer’s subjective impressions of your test performance—especially if you have underlying conditions or are nervous.
Consequences of Refusal
- Prosecutor’s Argument: They may suggest your refusal implies guilt.
- Officer’s Discretion: You may still be arrested if other signs of impairment exist.
- Legal Defense: It’s often easier to refute a refusal argument than to explain each “cue” of impairment noted by police.
What About Chemical Tests?
Chemical tests (breath, blood, or urine) differ from field sobriety tests. Under Arizona’s implied consent laws, refusing a post-arrest chemical test typically triggers automatic license suspension and could be used as evidence of guilt. The law regarding chemical tests is much stricter than that governing FST refusals.
How an Attorney Can Help
Attorney Theodore Agnick at Ted Law is experienced in challenging both the administration and interpretation of field sobriety tests. Here’s what we can do:
- Evaluate Test Administration
- Investigate whether the officer followed NHTSA-approved guidelines and used appropriate conditions.
- Challenge Subjective Observations
- Demonstrate how health, environment, or other factors might explain “cues of impairment.”
- Advise You on Your Rights
- Clarify the differences between refusing SFSTs and refusing chemical tests.
- Build a Strong Defense
- Use proven legal strategies to protect your driving record, fight unwarranted charges, and minimize penalties.
Frequently Asked Questions About Field Sobriety Tests
- Can Field Sobriety Tests Be Used in Court?
- Yes. Officers can testify about your performance, but the defense can challenge the test’s reliability and circumstances.
- How Do I Pass a Field Sobriety Test?
- These tests require strict compliance with instructions, balance, and coordination. However, even sober people can struggle due to anxiety or physical limitations.
- Is Refusing FSTs Automatically an Admission of Guilt?
- No, but the prosecution may present it as such. A skilled attorney can dispute that claim.
- What If the Officer Arrests Me Anyway?
- Seek legal counsel immediately. An arrest doesn’t mean a conviction; you have options to fight the charges.
- Does Refusing Field Sobriety Tests Affect My Driver’s License?
- Generally, no. Unlike chemical test refusal, an FST refusal alone does not result in automatic license suspension.
Protect Your Rights: Contact Ted Law Today
Facing a DUI investigation in Arizona can be intimidating, especially when deciding whether to submit to field sobriety tests. Attorney Theodore Agnick has a proven track record of defending clients against unfair DUI charges. He understands the nuances of Arizona’s DUI laws, NHTSA testing procedures, and how best to protect your rights.
- Immediate Assistance: Call (602) 453-3100 or reach out online for a free, confidential consultation.
- Available 24/7: We’re here to guide you whenever you need us, day or night.
- Proven Results: Our commitment is to secure the best possible outcome for every client.
Don’t let an FST refusal or questionable test result jeopardize your future. Contact Ted Law now to discuss your case and learn how we can help safeguard your rights and reputation.
Disclaimer: The information provided here is for general purposes only and does not constitute legal advice. Each case is unique, and you should consult an attorney for guidance specific to your circumstances.
